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Don't Be Too Nice When You Send a Preservation Notice | EDRM - Electronic Discovery Reference Model - Vimarsana News

Don't Be Too Nice When You Send a Preservation Notice | EDRM - Electronic Discovery Reference Model

I always advocate for civility and cooperation in e-discovery. But, it may be prudent to expressly threaten a lawsuit in a preservation notice.  It may also be cautious to avoid...

ESI 101:  Don't Spoliate Evidence That's Been Photographed | EDRM - Electronic Discovery Reference Model - Vimarsana News

ESI 101:  Don't Spoliate Evidence That's Been Photographed | EDRM - Electronic Discovery Reference Model

The key takeaway from G.H. Le Doux v. Western Express, Inc., 2023 WL 2842777 (W.D. Va. Apr. 7, 2023), is don’t spoliate evidence when your opponent has a photograph of it. While the Le ...

Court Holds That Federal Spoliation Rules Are Both Independent and Interrelated in Cell Phone Sanctions Case | EDRM - Electronic Discovery Reference Model - Vimarsana News

Court Holds That Federal Spoliation Rules Are Both Independent and Interrelated in Cell Phone Sanctions Case | EDRM - Electronic Discovery Reference Model

In Doe v. Willis, 2023 WL 2918507 (M.D. Fl. Apr. 12, 2023), the plaintiff’s lawyer imposed an oral legal hold, telling her that she should not delete texts, throw away evidence, or post...